Government Property

There are 2 kinds of ownership: public and private. Individual persons and entities own only private property while the government has both. All lands of public dominion are owned by the government.

Private property has 2 further subgroups:

1.) Patrimonial property of the government or any of its branches or subdivisions

2.) Property owned by private persons either collectively or individually

Patrimonial property is property owned by the government as a private individual (yes, the government has private properties!) The government has the same rights over patrimonial property as individuals have over their own private property. Local government units, like the national government, have both private and public property.

Lands of the Public Domain are classified into the following:

1.) Agricultural

2.) Forest or timber

3.) Mineral

4.) National Parks

The purpose of public property is to serve the people and not the state as a juridical (artificial) person. The purpose of public property is further subdivided into the following:

1.) Those intended for public use (everybody can use these, such as roads, parks, bridges, etc.)

2.) Those intended for public service, but not public use. These are properties used by the government to do its job (ex. Guns used by the military and law enforcement.)

3.) Those intended for the development of national wealth (the regalian doctrine; all mineral lands are owned by the government.)

Public property is characterized by the following:

1.) Outside human commerce (can't be bought or sold.)

2.) Can't be alienated, except if the government decides that they're no longer for public use and declares them patrimonial property (Laurel vs. Garcia 187 SCRA 797.)

3.) Can't be acquired by prescription

4.) Can't be subject to attachment or execution

5.) Can't be burdened with easements

6.) Can't be registered under a Torrens title